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DECREE

DEFINING CIVIL SERVANTS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 13, 2008 Law on Cadres and Civil Servants;

At the proposal of the Minister of Home Affairs,

DECREES:

Article 1. Scope of regulation and subjects of application

This Decree defines civil servants mentioned in Clause 2, Article 4, and Clause 1, Article 32, of the Law on Cadres and Civil Servants.

Article 2. Grounds for defining civil servants

Civil servants are Vietnamese citizens who are recruited and appointed to ranks, posts or titles, included in the payrolls and salaried from the state budget or the salary funds of public non­-business units under law, and work in agencies, organizations and units specified in this Decree.

Article 3. Civil servants in agencies of the Communist Party of Vietnam

1. At the central level:

a) Holders of posts and titles of deputy, assistant and secretary of heads, and persons working in the offices, agencies and departments, and standing agencies in Ho Chi Minh City and Da Nang city, of the Office of the Party Central Committee, Central Party Committee's Inspection Commission and other Commissions at the central level;

b) Holders of posts and titles of head and deputy head, and persons working in the offices, inspection commissions and other commissions of sectoral party committees, and the Party Committee for Civil Affairs in Foreign Countries under the Party Central Committee;

c) Persons working in the assisting apparatuses of agencies and organizations established under decisions of the Political Bureau or Party Secretariat, and agencies established under decisions of the Party Central Committee.

2. At the level of provinces and centrally run cities (below collectively referred to as provincial

level):

a) Holders of posts and titles of head and deputy head, and persons working in the offices, inspection commissions and other commissions of provincial-level party committees;

b) Holders of posts and titles of head and deputy head, and persons working in the offices, inspection commissions and other commissions of sectoral party committees under provincial-level party committees;

c) Persons working on a full-time basis in the offices, organization, propaganda and inspection commissions of grassroots party committees which are vested superior powers, under provincial-level party committees.

3. At the level of urban districts, rural districts, towns and provincial cities (below collectively referred to as district level):

Holders of posts and titles of head and deputy head, and persons working in the offices, inspection commissions and other commissions of district-level party committees.

Article 4. Civil servants in the State President Office, the National Assembly Office and the State Audit of Vietnam

Vice Chairman of the State President Office, Vice Chairman of the National Assembly Office, Deputy General Auditor of the State; holders of head and deputy posts and persons working in organizations other than public non-business units.

Article 5. Civil servants in ministries, ministerial-level agencies and other organizations established by the Government or the Prime Minister

1. Deputy Ministers and holders of equivalent posts and titles; holders of head and deputy posts and persons working in the offices, departments, inspectorates and organizations other than public non-business units under ministries and ministerial-level agencies.

2. General Directors of General Departments or Directorates and holders of equivalent posts, Deputy General Directors of General Departments or Directorates and holders of equivalent posts, holders of head and deputy posts of and persons working in the offices, departments and inspectorates under General Departments or Directorates and equivalent.

3. General Directors, Deputy General Directors of Departments, Authorities or Agencies, holders of head and deputy posts, and persons working in the offices, divisions, inspectorates and sub-departments under Departments, Authorities or Agencies.

4. Heads and deputy heads of and persons working in organizations established by the Government or the Prime Minister other than public non-business units.

Article 6. Civil servants in provincial- and district-level administrative agencies

1. At the provincial level:

a) Office Chiefs and Deputy Chiefs, holders of head and deputy posts, and persons working within the organizational structure of the Offices of National Assembly deputy delegations. People's Councils and People's Committees;

b) Heads and deputy heads of specialized agencies under People's Committees; holders of head and deputy posts of and persons working in organizations other than public non-business units within the organizational structure of specialized agencies of People's Committees;

c) Chairmen and Vice Chairmen of, holders of head and deputy posts and persons working in organizations other than public non-business units under, Management Boards of industrial parks, export-processing zones and economic zones under People's Committees.

2. At the district level:

a) Chiefs and Deputy Chiefs of and persons working in the Offices of People's Councils and People's Committees;

b) Chairpersons and Vice Chairpersons of district-level People's Committees, Chiefs and Deputy Chiefs of and persons working in the Offices of district-level People's Committees of localities which pilot non-organization of People's Councils;

c) Holders of head and deputy posts and persons working in specialized agencies under People's Committees.

Article 7. Civil servants in the people's court system

1. Vice Presidents of the Supreme People's Court; Presidents and Vice Presidents of courts and specialized tribunals; Judges of the Supreme People's Court; court secretaries; persons working in the offices, departments, divisions and courts and specialized tribunals under the Supreme People's Court;

2. Presidents and Vice Presidents of provincial-level People's Courts; Presidents and Vice Presidents of specialized tribunals; Judges of provincial-level People's Courts; court secretaries; persons working in the offices, divisions, departments and specialized tribunals under provincial-level People's Courts;

3. Presidents and Vice Presidents of district-level People's Courts; Judges of district-level People's Courts; court secretaries; persons working in district-level People's Courts.

Article 8. Civil servants in the People's Procuracy system

1. Vice Chairmen of the Supreme People's Procuracy; prosecutors, investigators; persons working in the offices, departments, agencies, divisions and professional institutes of the Supreme People's Procuracy;

2. Chairmen and Vice Chairmen of provincial-level People's Procuracies; prosecutors, investigators; persons working in the offices and divisions of provincial-level People's Procuracies;

3. Chairmen and Vice Chairmen of district-level People's Procuracies; prosecutors, investigators and persons working in district-level People's Procuracies.

Article 9. Civil servants in agencies of socio­political organizations

1. At the central level:

a) Office chiefs and deputy chiefs. Department Directors and Deputy Directors and persons working in the offices and departments of the central Vietnam Fatherland Front, Vietnam General Confederation of Labor, Vietnam Farmers Association, Ho Chi Minh Communist Youth Union; Vietnam Women's Union and War Veterans Association (below referred to as socio­political organizations);

b) Persons working in the assisting apparatuses of committees under socio-political organizations.

2. At the provincial level:

Office Chiefs and Deputy Chiefs, Department Directors and Deputy Directors and persons working in the offices and departments within the organizational structure of socio-political organizations and equivalent organizations.

3. At the district level:

Persons working in the agencies of socio­political organizations and equivalent organizations.

4. Civil servants defined in Clauses 1, 2 and 3 of this Article do not include persons currently receiving monthly pensions and social insurance allowances under the Social Insurance Law.

Article 10. Civil servants in agencies and units of the People's Army and the People's Police

Persons working in agencies and units under the People's Army other than officers, career soldiers and defense workers; and in agencies and units under the People's Police other than officers and career non-commissioned officers.

Article 11. Civil servants in the leading and managerial apparatuses of public non-business units

1. Public non-business units referred to in this Decree are organizations which are lawfully established and managed by competent agencies of the Party, state agencies and socio-political organizations, have the legal entity status, seals and accounts, and operate in the domains of education, training, health, scientific research, culture, physical training and sports, tourism, labor, war invalids and social affairs, and information and communication, and other non-­business domains prescribed by law.

2. Heads and deputy heads; holders of head and deputy posts of organizations of public non-­business units under the Political Bureau, the Party Secretariat, the National Assembly Standing Committee and the Government.

3. Heads and deputy heads of state budget-funded public non-business units under commissions and equivalent agencies of the Party Central Committee, the State President Office, the National Assembly Office, the State Audit of Vietnam, the Supreme People's Procuracy, the Supreme People's Court, central agencies of socio-political organizations, ministries, ministerial-level agencies, government-attached agencies and the Prime Minister.

4. Heads of state budget-funded public non-­business units under general departments or directorates, departments, authorities or agencies and equivalent under ministries and ministerial-level agencies; provincial-level party committees; provincial-level People's Committees; provincial-level socio-political organizations; district-level party committees; specialized agencies under provincial- and district-level People's Committees.

5. Holders of posts associated with state management tasks in public non-business units assigned to perform state management tasks.

Article 12. Rotated civil servants

Civil servants rotated by competent authorities of the Party and State to hold key posts in socio-political-professional organizations, social organizations and socio-professional organizations and salaried by these organizations.

Article 13. Responsibilities of the Ministry of Home Affairs

1. To monitor, guide, urge, examine and inspect ministries, ministerial-level agencies, government-attached agencies, provincial-level People's Committees and concerned agencies and organizations in reviewing, identifying and listing civil servants under this Decree.

2. To coordinate with the Party Central Committee's Organization Commission, the State President Office, the National Assembly Office, the Supreme People's Court, the Supreme People's Procuracy and the State Audit of Vietnam in reviewing, identifying and listing civil servants under this Decree.

3. To total the numbers of civil servants under the management of the agencies and organizations specified in Clauses 1 and 2 of this Article and submit them to the Government for consideration and reporting to the National Assembly under the Law on Cadres and Civil Servants.

Article 14. Responsibilities of agencies and organizations

Competent agencies of the Party, socio­political organizations, the State President Office, the National Assembly Office, the State Audit of Vietnam, the Supreme People's Court, the Supreme People's Procuracy, ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall review, identify and list civil servants under their employment and management in accordance with this Decree.

Article 15. Effect

This Decree takes effect on March 15, 2010.

Article 16. Responsibilities of implementation

1. The agencies and organizations specified in Article 14 of this Decree shall send lists and report on the numbers of civil servants under their management on June 30 every year at the latest to the Ministry of Home Affairs for monitoring and summarization.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees and concerned agencies and organizations shall implement this Decree.